August 5, 2013 BOS Meeting
The BOS met last night at the same time as the
school committee meeting. Hopefully, there will be an update in the newspaper
on the school committee meeting.
FEMA
grant for February 2013 Blizzard- the BOS voted the Chair to sign
the FEMA documentation for costs related to the February blizzard. This will
result in $2,700 coming back to the town. Good news! Thank you to Rich Curtis
for processing this paperwork. Thank you to the highway department in keeping
the roads clear in bad weather.
Open
Meeting Law Complaint filed July 1, 2013 by Isaac Matson -
Lengthy discussion ensued regarding the OML
complaint filed by Isaac Matson on July 1, 2013 with the Town Clerk.
Materials referenced during discussion –
Aside from a procedural error, where Mr. Matson
filed his complaint with the Town Clerk, the BOS found that the original intent
of the BOS in holding an emergency meeting was correct.
The Chairman (who was not present on July 1st)
explained that according to the OML guide:
What are the requirements for posting notice of meetings?
Except in cases of emergency, a
public body must provide the public with notice of its meeting 48 hours in
advance, excluding Saturdays, Sundays and legal holidays. Notice of emergency
meetings must be posted as soon as reasonably possible prior to the meeting.
Also note that other laws, such as those governing procedures for public
hearings, may require additional notice.
Virginia
Wilder asked if there were a definition of “emergency”. There is in section 18:
“Emergency”,
a sudden, generally unexpected occurrence or set of circumstances demanding
immediate action.
The chairman then discussed the background
information contained in the complaint, which specifically mentions Town
meeting. On page 4 of the OML Guide specifically states that OML does not apply
to Town meetings:
We have received several inquiries about the
exception for Town Meeting, and whether it applies to deliberation by Town
Meeting members outside of a session of Town Meeting, to meetings of committees
created by Town Meeting that occur outside a session of Town Meeting, or to
deliberation by members of a public body – such as a board of selectmen –
during Town Meeting. The Attorney General interprets this exemption to mean
that the Open Meeting Law does not reach any aspect of Town Meeting. Therefore,
the Attorney General will not investigate complaints alleging violations in
these situations. Note, however, that this is a matter of interpretation and
future Attorneys General may choose to apply the law in such situations.
During discussion by BOS members who were present
on July 1, 2013, the “emergency” was the default of $691,000 from the town
budget if we failed to act and call for a STM within 45 days of June 12th. The BOS needed to act quickly in order
to meet state law that the STM be posted for 14 days.
While the local bylaw was violated regarding an
additional 14-day posting, the BOS acted and voted out of concern for the
welfare of the residents in Templeton. The impact of defaulting and cutting
$691,000 from the FY 14 operating budget would have drastic impact on public
safety in the Town of Templeton, hence the “emergency”.
The school committee could have asked for a
waiver - an extension -from the
Commissioner of Education BEFORE certifying
the budget on June 12, 2013. The school committee could have waited until AFTER the June 25th override
to certify the budget. The 45-day timeframe begins as soon as the school
committee re-certifies the budget. The school committee chose to re-certify the
budget on June 12th, which placed the BOS in the position of calling
for a STM within 45 days.
Within Mr. Matson’s complaint itself is a misstatement. Mr. Matson states:
”.., many interested citizens nor the School
Committee was aware of this important meeting.” Many people were aware of the
July 1st Emergency meeting
INCLUDING the former chairman of the school committee, Mr. John Columbus. (
see video of July 1st
emergency meeting 7:40 into meeting is John Columbus in the doorway).
The BOS will compose a letter to Mr. Matson and the
Attorney General’s Office and will strive to promote better communication
between the school committee and other boards as a remedy to this complaint.
Discuss
lease extension for 690 Patriots Rd.-
The BOS discussed and voted on a one-year lease
extension for town offices at 690 Patriots Rd. Without a viable alternative and
financial uncertainty due to the school budget, it was felt this was the best
solution at this time.
Mr. Morrison expressed a desire to look into East
Templeton as town office space. It is an asset and we should use it. It will
take some time to explore the options of East Templeton and we are already into
this fiscal year. I concur with Mr. Morrison’s assessment of the East Templeton
building.
Discuss and sign contract for project Management
Services for new elementary school-
Materials referenced during discussion:
Discussion by the BOS and residents regarding the
elementary school building project. It is clear in the vote in 2009 that this is a Templeton
project. The TOWN through its BOS needs
to sign the contracts for this project. This topic was taken under advisement
until the August 12, 2013 BOS meeting.
Discuss
recent guidance from Dept. of Revenue regarding Waivers to Educational Reform
Spending Requirements and Minimum Required Local Contributions.
Materials referenced during discussion –
IGR
Informational Guideline Release on Minimum Contributions.
I asked for this as an agenda item to discuss the
possibility of lowering Templeton’s minimum contribution to NRSD. Lowering
Templeton’s minimum contribution maybe a way to preserve public safety in
Templeton. Please read the section
below:
4. Use of One-time Regional Revenues in the Prior Fiscal Year
If
a regional school district used qualifying revenues in the prior fiscal year
that will not be available in the current fiscal year, upon the request of the
selectmen in a town, the city council in a Plan E city and the mayor in all
other cities, in a majority of the member municipalities, the region must apply
for a reduction to its net school spending and the minimum contributions of its
members. Qualifying revenues include excess and deficiency, surplus and
uncommitted reserves.
Data Required: A
regional school balance sheet for the prior fiscal year for certification of
excess and deficiency and the prior and current fiscal years’ assessment
calculations showing revenues applied to the budget and the derivation of net
school spending, capital and transportation assessments.
This
section may be justification to lower Templeton’s minimum contribution. There
are other sections that may apply as well. This agenda item will be discussed
on Monday August 12, 2013 at the BOS meeting.
Other news –
The
official figure for Chapter 90 money is $342,945. This is a reduction of about
$150,000 from the figure voted at town meeting in May.
The
official notification of the CDBG grant in the amount of $538,272 to repair the
infrastructure on Memorial St was officially announced!
The
liquor license for Bubba’s Market dba Cote’s Market should be finalized
shortly…only a year in the making, not bad for government!
The
BOS has received a complaint from residents at Phoenix Court which will be
discussed on August 12, 2013.
A
question was raised about using Ch. 90 money for Baldwinville Rd. The Bald. Rd
project is a federal project. Chapter 90 money was used for the engineering and
to pay for legal fees associated with easements. The project scope was changed
from a full depth road reconstruction to road resurfacing. The sidewalk is a
federal requirement. This project should not require any more money from
Chapter 90.
Discussion
is taking place on which entity pays for the Joint Town meeting – is it a school
cost or a cost to the member towns. People were opposed to having the Joint
Town meeting in the high school gym. The final decision on a the location of
the Joint Town meeting rests with the school committee.
JOINT TOWN MEETING AUGUST
22, 2013
My opinions…supported
by FACTS ! ! !
Julie
Farrell
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